WILLIAM DONALD SCHAEFER, Governor Ch. 789

THAT THE DEPARTMENT SHALL DEVELOP CONSISTENT WITH THE
REQUIREMENTS OF THE DEPARTMENT AS ESTABLISHED BY REGULATIONS
ADOPTED BY THE DEPARTMENT; AND

(3) (2) PROVIDE THE PERSON INDIVIDUAL WITH PRETEST
COUNSELING, INCLUDING:

(I)  EDUCATION ABOUT HIV INFECTION AND METHODS
FOR PREVENTING TRANSMISSION;

(II)  INFORMATION ABOUT A PHYSICIAN'S DUTY TO
WARN THE INDIVIDUAL; AND

(III)  ASSISTANCE IN ACCESSING HEALTH CARE
AVAILABLE TO AN INDIVIDUAL WHO TESTS POSITIVE FOR THE HIV
INFECTION.

(C)  REFUSAL TO CONSENT TO THE HIV ANTIBODY TEST OR A
POSITIVE TEST RESULT MAY NOT BE USED AS THE SOLE BASIS BY AN
INSTITUTION, OR LABORATORY, OR PHYSICIAN TO DENY SERVICES OR
TREATMENT.

(D)  IF THE INDIVIDUAL IS UNABLE TO GIVE INFORMED CONSENT,
SUBSTITUTE CONSENT MAY BE GIVEN UNDER § 20-107 OF THIS ARTICLE.

(E)  A HEALTH CARE PROVIDER PHYSICIAN OR PHYSICIAN'S

DESIGNEE WHO OBTAINS A POSITIVE RESULT FROM AN HIV ANTIBODY TEST
CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (B) OF
THIS SECTION SHALL:

(1)  NOTIFY THE INDIVIDUAL FROM WHOM THE BLOOD SAMPLE
WAS OBTAINED OF THE POSITIVE RESULT;

(2)  INFORM THE INDIVIDUAL OF AVAILABLE COUNSELING
PROVIDE THE INDIVIDUAL WITH A COPY OF THE DEPARTMENT'S
PUBLICATION DESCRIBING AVAILABLE COUNSELING SERVICES;

(3)  COUNSEL THE INDIVIDUAL TO INFORM ALL SEXUAL AND
NEEDLE-SHARING PARTNERS OF THE INDIVIDUAL'S POSITIVE HIV STATUS;

(4)  OFFER ASSISTANCE TO THE INFECTED PERSON TO ASSIST
IN NOTIFYING THE INDIVIDUAL'S SEXUAL AND NEEDLE-SHARING PARTNERS;
AND

(5)  IF NECESSARY, TAKE ACTION APPROPRIATE TO COMPLY
WITH § 18-336 OF THIS TITLE.

(F)  THE INFORMED CONSENT DOCUMENT SHALL BE DISTINCT AND
SEPARATE FROM ALL OTHER CONSENT FORMS.

(G)  A PATIENT IDENTIFYING NUMBER OBTAINED FROM AN ANONYMOUS
AND CONFIDENTIAL TEST SITE WHICH IS APPROVED BY THE DEPARTMENT OF

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